Tweet
Hi,
I left a rented property recently and the landlord/estate agent are witholding my deposit due to the fact I boarded up an interior door with plywood after my partner fell down the stairs and but her head through the glass resulting in injury.
The door is an old wooden framed door with 5 sections of glass framed from top to bottom and evidently not safety glass.
I've done some research and found out about "critical area" safety glass etc but cannot find any actual legislation regarding this as my tenancy began in 2017 before the recent amendments.
The closest I've found that would be relevant is - owed a duty of care to the tenant. Where premises are let under a tenancy and the landlord is responsible for maintenance, there is a duty owed "to all persons" who might be affected by defects in the state of the premises under section 4(1) of the Defective Premises Act 1972. This will undoubtedly include your tenant and his family. Secondly, the authority will owe a duty to under section 2 of the Occupier's Liability Act 1957 to people visiting the premises, such as friends, relatives etc. I believe there will also be an obligation to maintain and repair the structure under section 30 of the Landlord and Tenants Act 1985.
The fact that people will receive injury, sometimes quite severe, from falling through ordinary glass (ie. non-safety glass) has been recognised for many years. British Standard 6262 'Code of Practice for Glazing in Buildings' was introduced in 1982 but its predecessors, in the form of British Standard 973 and CP 152 can be traced back to 1941, although I doubt the requirements for safety glass go back that far. British Standard 6202 'Specification for impact performance requirements for flat safety glass and safety plastics for use in buildings' from 1981 may also be of assistance. Similar requirements can now be found in the building regulations. The Building Research Establishment published a paper "Accidents involving glass in domestic doors and windows" highlighting the problems in October 1981.
The courts have also recognised the need for safety glass in critical areas. The leading case that I am aware of is Rimmer -v- Liverpool City Council [The Times 15.12.1983] Here, the Court of Appeal dismissed an appeal by Liverpool City Council against damages awarded when Rimmer tripped over some toys left by his boy and put his left hand through a glass panel in December 1975. The Council were at fault for renting Rimmer a flat when they knew or ought to have known it contained foreseeably dangerous and easily substituted glass.
So after I've said all this I'm basically wondering if I can argue my case regarding boarding the door up due to no safety glass or if I would have a leg to stand on if I was to file a claim regards my accident/injury
Thanks
I left a rented property recently and the landlord/estate agent are witholding my deposit due to the fact I boarded up an interior door with plywood after my partner fell down the stairs and but her head through the glass resulting in injury.
The door is an old wooden framed door with 5 sections of glass framed from top to bottom and evidently not safety glass.
I've done some research and found out about "critical area" safety glass etc but cannot find any actual legislation regarding this as my tenancy began in 2017 before the recent amendments.
The closest I've found that would be relevant is - owed a duty of care to the tenant. Where premises are let under a tenancy and the landlord is responsible for maintenance, there is a duty owed "to all persons" who might be affected by defects in the state of the premises under section 4(1) of the Defective Premises Act 1972. This will undoubtedly include your tenant and his family. Secondly, the authority will owe a duty to under section 2 of the Occupier's Liability Act 1957 to people visiting the premises, such as friends, relatives etc. I believe there will also be an obligation to maintain and repair the structure under section 30 of the Landlord and Tenants Act 1985.
The fact that people will receive injury, sometimes quite severe, from falling through ordinary glass (ie. non-safety glass) has been recognised for many years. British Standard 6262 'Code of Practice for Glazing in Buildings' was introduced in 1982 but its predecessors, in the form of British Standard 973 and CP 152 can be traced back to 1941, although I doubt the requirements for safety glass go back that far. British Standard 6202 'Specification for impact performance requirements for flat safety glass and safety plastics for use in buildings' from 1981 may also be of assistance. Similar requirements can now be found in the building regulations. The Building Research Establishment published a paper "Accidents involving glass in domestic doors and windows" highlighting the problems in October 1981.
The courts have also recognised the need for safety glass in critical areas. The leading case that I am aware of is Rimmer -v- Liverpool City Council [The Times 15.12.1983] Here, the Court of Appeal dismissed an appeal by Liverpool City Council against damages awarded when Rimmer tripped over some toys left by his boy and put his left hand through a glass panel in December 1975. The Council were at fault for renting Rimmer a flat when they knew or ought to have known it contained foreseeably dangerous and easily substituted glass.
So after I've said all this I'm basically wondering if I can argue my case regarding boarding the door up due to no safety glass or if I would have a leg to stand on if I was to file a claim regards my accident/injury
Thanks
Comment